1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for expungement of
3criminal history record.
4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:
6Section 1. Section 9122(b) of Title 18 of the Pennsylvania
7Consolidated Statutes is amended to read:
8§ 9122. Expungement.
9* * *
10(b) Generally.--Criminal history record information may be
12(1) An individual who is the subject of the information
13reaches 70 years of age and has been free of arrest or
14prosecution for ten years following final release from
15confinement or supervision.
16(2) Any individual who is the subject of the
17information has been dead for three years.
18(3) (i) An individual who is the subject of the
1information, petitions the court for the expungement of a
2summary offense and has been free of arrest or
3prosecution for five years following the conviction for
5(ii) Expungement under this paragraph shall only be
6permitted for a conviction of a summary offense.
7(4) (i) An individual who is the subject of the
8information petitions for expungement of the information
9and the individual has been free of arrest or prosecution
10following final release from confinement or supervision
11for the following time periods:
12(A) In the case of a misdemeanor of the third
13degree or an offense <-which carries a maximum penalty
14of not less than 90 days and not more than one year
<-15declared to be a misdemeanor, without specification
16of degree, seven years.
17(B) In the case of a misdemeanor of the second
18degree committed when the individual was less than 25
19years of age <-or an offense which carries a maximum
20penalty of two years but a minimum penalty of greater
21than one year, ten years.
22(ii) This paragraph shall not apply to any
23individual who has been convicted of:
24(A) An offense punishable by imprisonment of
25more than two years.
26(B) Four or more offenses punishable by
27imprisonment of one or more years.
28(C) An offense under section 913 (relating to
29possession of firearm or other dangerous weapon in
30court facility) which is graded as a misdemeanor of
1the third degree.
2(D) A violation of section 2701 (relating to
3simple assault)<-, except when the offense is graded as
4a misdemeanor of the third degree.
5(E) A violation of section 3129 (relating to
6sexual intercourse with animal).
7(F) A violation of section 4912 (relating to
8impersonating a public servant).
9(G) A violation of section 4952 (relating to
10intimidation of witnesses or victims).
11(H) A violation of section 4953 (relating to
12retaliation against witness, victim or party).
13(I) A violation of section 5511 (relating to
14cruelty to animals).
15(J) A violation of any provision of Chapter 61
16(relating to firearms and other dangerous articles).
17(K) An offense which requires registration under
1842 Pa.C.S. Ch. 97 Subch. H (relating to registration
19of sexual offenders).
20* * *
21Section 2. This act shall take effect in 60 days.